McGee v. City of Hercules - Civil Rights
Summary
The Northern District of California denied without prejudice the Motion for Summary Judgment filed by the City of Hercules and Hercules Police Department in McGee v. City of Hercules (Case No. 3:23-cv-05161-TSH). The court ordered the parties to meet and confer by April 16, 2026 to determine whether they will file a joint or separate statement. The underlying case is a civil rights matter filed in October 2023.
What changed
Judge Thomas S. Hixson denied without prejudice the defendants' motion for summary judgment (Docket #88) in this civil rights case. The denial means the case will proceed toward trial rather than being resolved on summary judgment. The court ordered the parties to meet and confer by April 16, 2026 to address procedural next steps.
Counsel for all parties must appear for the meet-and-confer conference by April 16, 2026 as directed by the court. The parties should determine whether to file a joint statement or separate statements regarding the summary judgment motion. Failure to comply with court-ordered deadlines may result in adverse rulings. The motion for summary judgment hearing previously set for May 7, 2026 remains pending.
What to do next
- Conduct meet-and-confer conference by April 16, 2026
- Determine whether to file joint or separate statement regarding summary judgment
- Prepare for continued litigation if summary judgment remains unresolved
Source document (simplified)
McGee v. The City of Hercules et al
Case Number: 3:23-cv-05161-TSH Judge: Hixson, Thomas S. Location: San Francisco Case Type: Civil Case Basis: Federal Question Nature of Suit: Civil Rights: Other Date Filed:
October 10, 2023
Last Filing Date:
April 2, 2026
View Publicly Available Documents Case Summary No summary of this case is available
Recent Filings
| Date Filed | Docket Number | Document Description |
| --- | --- | --- |
| 04-03-26 | 92 | ORDER by Judge Thomas S. Hixson denying without prejudice [88] Motion for Summary Judgment. The Court ORDERS the parties to meet and confer by April 16, 2026 to determine whether they will file a joint statement or separate statements, after whi |
| 04-02-26 | 88 | MOTION for Summary Judgment filed by Hercules Police Department, The City of Hercules. Motion for Summary Judgment Hearing set for 5/7/2026 10:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Thomas S. Hixson. Respo |
| 04-02-26 | 89 | Declaration of Philip J. Downs, Jr. in Support of [88] MOTION for Summary Judgment filed byHercules Police Department, The City of Hercules. (Attachments: # (1) Exhibit A)(Related document(s)[88]) (Downs, Philip) (Filed on |
| 04-02-26 | 90 | Declaration of Commander Dwayne Collard in Support of [88] MOTION for Summary Judgment filed byHercules Police Department, The City of Hercules. (Related document(s)[88]) (Downs, Philip) |
| 04-02-26 | 91 | Request for Judicial Notice re [88] MOTION for Summary Judgment filed byHercules Police Department, The City of Hercules. (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Related document(s)[88]) (Downs, Philip) (Filed on 4/2/2 |
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